When you’re in a rental car accident, the insurance claims can get complex quickly. Answering questions of who was at fault for the accident and which insurance policies were active is important for victims seeking compensation.
Our Augusta car accident lawyers can defend your claim after a rental car accident. John Foy & Associates has been fighting and winning for 25 years. When you need a rental car accident lawyer in Augusta, we’re the team to call.
Here’s what you need to know about these accidents and how our firm can support you.
Insurance Coverage and Rental Cars
Several insurance policies may apply to a rental car crash. Rental car companies must provide basic liability insurance, but renters can purchase additional insurance coverage before they rent the vehicle.
Some personal auto insurance policies may also cover rental car purchases, but the damages they cover will depend on the individual policy. They may only cover liability, or they may also have collision or comprehensive coverage.
Also, many credit cards offer rental car insurance as a benefit. This usually acts as secondary coverage, stepping in after other forms of insurance. The coverage limits and what these policies cover will need to be reviewed by an Augusta personal injury lawyer for your claim.
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Steps to Take Immediately After the Rental Car Accident
The steps to take after a rental car accident are largely similar to those for any other car accident. Victims should first contact emergency services for medical help and speak with the police to make an official accident report.
If possible, victims should also exchange information with the other drivers and take photos of the scene, injuries, and car damage. This will help prove liability and will help your lawyer decide the strength of your case.
If you are the renter, notify the rental company about the accident as soon as possible. They will have instructions on what to do next to report the accident to their insurers. If you were in a different vehicle when you crashed, contact your auto insurer to activate your coverage.
Establishing Liability in Rental Car Crash Cases
Establishing liability in rental car crash cases involves several unique considerations compared to typical auto accidents. These cases can become complex due to the involvement of the rental car company, the renter, and potentially other parties. Here’s a detailed breakdown of the key factors and legal principles involved:
Determining Who Is at Fault
Like any vehicular accident, determining liability in a rental car crash primarily revolves around negligence. This means proving that the accident occurred due to someone’s failure to exercise reasonable care under the circumstances.
Typically, the primary liability rests with a driver rather than the rental company. However, circumstances could shift some responsibility to the rental company if factors related to the rental vehicle’s condition or rental agreements come into play.
If the at-fault driver was not the renter, the renter can pursue a claim against the at-fault driver’s auto insurance. However, they may still need to speak with a rental car accident lawyer in Augusta at John Foy & Associates to know if the rental company could hold the renter liable for some damages.
Ways the Rental Company Could Be Held Liable
- Rental companies are expected to check that renters have a valid driver’s license and, in some jurisdictions, may be required to verify a renter’s driving history. Failure to perform these checks, resulting in an unqualified person renting a car, could shift some liability to the company.
- A rental company could also be liable under the doctrine of negligent entrustment if it rents a vehicle to someone incompetent or unfit to drive (e.g., an intoxicated person). This is rare but possible.
- Rental companies are required to maintain vehicles in a safe working condition. If an accident is caused by a failure of the rental company to properly maintain the vehicle (like brake failure), the company could be held liable.
What Happens if Liability Is Shared?
Georgia uses a modified comparative fault standard for splitting fault and compensation between liable parties. As long as your level of fault in the accident is under 50%, you can collect damages. If it is over 50%, you are considered at fault and cannot collect.
Any percentage of fault you have will reduce your compensation by that much. For example, if you were awarded $100,000 in compensation but you were 20% at fault, you would only receive $80,000 under Georgia law.
Why Hire a Rental Car Accident Lawyer in Augusta?
Hiring a rental car accident lawyer can provide critical advantages when dealing with what comes next. These cases often involve complex legal and insurance issues that can be challenging to handle without professional assistance.
Working with an experienced lawyer is your best bet to defend your compensation claim. It’s also the best way to maximize how much compensation you could receive. Lawyers are skilled negotiators who can often secure a more favorable settlement than you could on your own.
Many rental car accident claims are settled out of court, but if your case cannot be settled we can help you sue. John Foy & Associates has extensive litigation experience and will aggressively fight for your interests.
Contact an Augusta Rental Car Accident Lawyer Now
Hiring a rental car accident lawyer in Augusta, GA can greatly enhance your ability to effectively resolve the complexities of your case, protect your rights, and maximize your financial recovery. Get started by contacting our offices to schedule a free consultation.
You’ll learn your legal options and how we can help you get the most from your accident claim. Don’t let the confusion of rental car insurance keep you from getting what you’re owed. Call now.
706-400-4000 or complete a Free Case Evaluation form